Research On The Rights And Interests Protection Of Workers Exceeding Retirement Age

In recent years,as the aging of population,more and more people who exceed the statutory retirement age have chosen to come back to working or re-employed for keeping in constant contact with the society,and continuing to achieving their personal value.Although the coming back of laborers beyond the retirement age has made a useful supplement to the labor market,the gradual increase in the number of workers beyond the retirement age has triggered a variety of labor problems.As labor laws and regulations of China do not clearly stipulate the rights and interests of overaged workers,in practice,legal issues concerning the legal relationship between employers and laborers who are beyond retirement age,and labor rights protection issues for workers who exceed retirement age,has arisen,and the judiciary’s judgements on such cases are different,which is not only unfavorable to the protection of the legitimate rights and interests of workers who exceed the retirement age,but also seriously affects the justice and authority of the judiciary.In order to avoid disputes between employers and workers who are over the retirement age when they encounter disputes,it is necessary to conduct a research deeply to clarify the relationship and unify understanding and standards.This paper starts from the nature of the legal relationship between employers and workers who are over the retirement age,then does some research on the judiciary’s refusal on the nature of the legal relationship and the legal application of the rights protection through empirical analysis of the typical judicial cases related with the retirement rights protection disputes of laborers beyond the retirement age.Next,this paper will combine the research with the existing theoretical results,come to a conclusion on the legal relationship between the workers and employers beyond the retirement age who do not enjoy the benefits of the basic pension insurance or receive the pension.And based on this,this paper puts forward theoretical and practical proposals to the protection of the rights and interests of workers beyond retirement age.